because killing is a graver sin than breaking an oath. In the expiation for an oath, breaking it may be permissible, whereas killing is prohibited and gravely serious; therefore, one cannot be analogized to the other.

If you say: How do you respond to the hadith of Mu'awiyah ibn al-Hakam, may Allah be pleased with him, when he informed the Prophet ﷺ that he had a slave-girl with whom he became angry and struck—that is, hit—and that he wished to set her free? The Prophet ﷺ summoned her and said, “Where is Allah?” She replied, “Above the heaven.” He said, “Who am I?” She replied, “You are the Messenger of Allah.” He said, “Set her free, for she is a believer.” (1)

His ﷺ statement, “Set her free, for she is a believer,” is explanatory; that is, set her free because of her faith. Does this not indicate that one who is not a believer is not eligible to be set free? The answer is: Yes, it indicates that faith is a condition.

Furthermore, if we set a disbeliever free, he becomes free, and there is no assurance that he will not join the lands of disbelief. This would harm both him and us. The harm to him is that, if he joins the lands of disbelief, he will be further removed from Islam. The harm to us is that he may one day assist the disbelievers against the Muslims, especially if he harbors resentment toward the Muslims and is strong and courageous.

Therefore, we say: Do not set a disbeliever free at all, unless he accepts Islam.

In fact, this is what prevents one from preferring the unrestricted wording in the expiation for an oath and for zihar.

Thus, if we wish to avoid doubtful matters, we should set free only a believing slave, because you